SCS CSHB 163(RLS) AM S: "An Act relating to qualifications of voters; relating to the registration of voters; relating to election districts and officials; relating to election procedures and ballots; relating to special procedures for elections; relating to nomination of candidates; relating to national elections; relating to special elections and appointments; relating to constitutional amendments; relating to election offenses and corrupt practices; relating to election pamphlets; relating to the deferral of jury service for certain election officials; relating to an exemption from the State Procurement Code regarding election ballots; relating to the provision and use of mailing addresses on permanent fund dividend applications for election purposes; relating to the inclusion of voter registration forms with permanent fund dividend applications; relating to financial statements by public officials and candidates for public office; making conforming amendments in references to 'election district,' 'chairman,' and similar terms; relating to initiative, referendum, and recall petitions; relating to municipal assembly forms of representation and apportionment; and providing for an effective date."
00SENATE CS FOR CS FOR HOUSE BILL NO. 163(RLS) am S 01 "An Act relating to qualifications of voters; relating to the registration of voters; 02 relating to election districts and officials; relating to election procedures and 03 ballots; relating to special procedures for elections; relating to nomination of 04 candidates; relating to national elections; relating to special elections and 05 appointments; relating to constitutional amendments; relating to election offenses 06 and corrupt practices; relating to election pamphlets; relating to the deferral of 07 jury service for certain election officials; relating to an exemption from the State 08 Procurement Code regarding election ballots; relating to the provision and use of 09 mailing addresses on permanent fund dividend applications for election purposes; 10 relating to the inclusion of voter registration forms with permanent fund dividend 11 applications; relating to financial statements by public officials and candidates for 12 public office; making conforming amendments in references to 'election district,' 13 'chairman,' and similar terms; relating to initiative, referendum, and recall 14 petitions; relating to municipal assembly forms of representation and
01 apportionment; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. The uncodified law of the State of Alaska is amended by adding a new 04 section to read: 05 INTENT. The division of elections shall facilitate the coordination of local 06 government elections with regular state elections if requested to do so by a local government. 07 * Sec. 2. AS 09.20.035 is amended to read: 08 Sec. 09.20.035. Deferral of jury service. A person may have jury service 09 deferred if the person shows that jury service at the time for which the person is 10 summoned will cause hardship to that person or another, [OR] that transportation 11 problems make it temporarily impossible for the person to serve , or that the person 12 summoned is employed as a full-time or temporary election official and the jury 13 service is during the month in which a primary or general election is held . Jury 14 service may be deferred under this section only if the person seeking the deferment 15 agrees to a deferred date. Jury service may not be deferred for more than 10 months 16 from the date the initial jury service was to begin. 17 * Sec. 3. AS 15.07.010 is amended to read: 18 Sec. 15.07.010. Registration of voters. The precinct election officials 19 [JUDGES] at any election shall allow a person to vote whose name is on the official 20 registration list for that precinct and who is qualified under AS 15.05. A person whose 21 name is not on the official registration list shall be allowed to vote a questioned ballot. 22 * Sec. 4. AS 15.07.064(e) is amended to read: 23 (e) The director shall review the information contained within an application 24 by a voter for registration. The director may not reject an application of a voter who 25 qualifies under (d) of this section because the voter provided information in excess of 26 that required to establish qualifications, including excess information qualifying as a 27 mailing address. The director may consider an application for registration within a 28 municipality or established village described in (d) of this section to comply with law 29 based on other information contained in the application, including evidence that 30 (1) the application was made in person before a voting registrar, 31 election official [JUDGE], or absentee voting official appointed to serve in the
01 municipality or established village; 02 (2) the application of a voter registering by mail was postmarked by 03 the postal official in the municipality or established village; and 04 (3) other information contained in the application does not negate the 05 presumption of residency provided under (a) of this section. 06 * Sec. 5. AS 15.07.064 is amended by adding a new subsection to read: 07 (h) Notwithstanding (a) - (g) of this section, the director may substitute a 08 mailing address provided by the voter for the permanent fund dividend program under 09 AS 43.23 as the mailing address for the voter on the registration records of the director 10 under procedures specified in regulations of the director if necessary to maintain 11 accuracy of voting registration records. 12 * Sec. 6. AS 15.07.081 is amended to read: 13 Sec. 15.07.081. Registration officials. The director shall appoint one or more 14 registration officials to serve in each precinct polling place in all elections during the 15 hours the polling places are open. An election official [CLERK OR ELECTION 16 JUDGE] appointed under AS 15.10 may also serve as a registration official. [IF 17 MORE THAN ONE REGISTRATION OFFICIAL IS APPOINTED TO SERVE IN A 18 POLLING PLACE, EACH POLITICAL PARTY SHALL BE REPRESENTED.] 19 * Sec. 7. AS 15.07.100(a) is amended to read: 20 (a) A [THE DIRECTOR SHALL APPOINT ONE OR MORE 21 REGISTRATION OFFICIALS IN EACH PRECINCT. WHEN MORE THAN ONE 22 REGISTRATION OFFICIAL IS APPOINTED TO SERVE IN A PRECINCT, EACH 23 POLITICAL PARTY SHALL BE REPRESENTED. HOWEVER, ANY PRECINCT 24 CONTAINING MORE THAN 250 VOTERS MUST HAVE AT LEAST TWO 25 REGISTRATION OFFICIALS, ONE FROM EACH POLITICAL PARTY. THE] 26 registration official shall be a qualified state voter and shall take an oath to honestly, 27 faithfully , and promptly perform the duties of the office. 28 * Sec. 8. AS 15.07.140 is amended to read: 29 Sec. 15.07.140. General administrative supervision by director. The 30 director shall provide general administrative supervision over the registration and 31 reregistration of voters. The director shall, no later than 120 [40] days before any
01 general election, arrange to have the list of registered voters in a usable electronic 02 format provided free of charge to each political party [OF THE PRECINCT 03 PUBLICLY DISPLAYED. THE DIRECTOR SHALL INSTRUCT REGISTRATION 04 OFFICIALS TO POST THE LIST OF REGISTERED VOTERS IN A NUMBER OF 05 LOCATIONS CALCULATED TO OBTAIN MAXIMUM RECOGNITION]. Upon 06 request by the mayor or manager of a municipality , the director shall furnish 07 registration information for all precincts all or part of which are within the boundaries 08 of the local government unit. 09 * Sec. 9. AS 15.10.107 is amended to read: 10 Sec. 15.10.107. Staff training. The director shall, before each primary 11 election in even-numbered years, provide for a comprehensive training program for 12 election officials, both the full-time members of the staff of the division of elections 13 and those who are appointed as members of election boards [BOARD JUDGES, 14 CLERKS, AND COUNTERS] under AS 15.10.120 - 15.10.140 [AS 15.10.120 - 15 15.10.150] and other temporary election employees. The director shall annually 16 prepare and, not later than January 10, file with the lieutenant governor a plan that 17 describes the comprehensive training program for election officials to be provided to 18 those officials during that calendar year. 19 * Sec. 10. AS 15.10.120 is repealed and reenacted to read: 20 Sec. 15.10.120. Appointment of election board. (a) An election supervisor 21 shall appoint in each precinct within the election supervisor's district an election board 22 composed of at least three qualified voters registered to vote in that precinct. 23 (b) On or before April 15 in each regular election year, or at least 60 days 24 before a special election, a party district committee or state party central committee of 25 each political party may nominate two candidates for each election board. 26 Nominations shall be presented in writing to the election supervisor for the district in 27 which the precinct is located. 28 (c) An election supervisor shall appoint one nominee of the political party of 29 which the governor is a member and one nominee of the political party that received 30 the second largest number of votes statewide in the preceding gubernatorial election. 31 The election supervisor shall appoint at least one additional qualified individual
01 registered to vote in that precinct. If a party district committee or state party central 02 committee of the party of which the governor is a member or the party that received 03 the second largest number of votes statewide in the preceding gubernatorial election 04 fails to present the names prescribed by (b) of this section by April 15 of a regular 05 election year or at least 60 days before a special election, the election supervisor may 06 appoint any qualified individual registered to vote in that precinct. 07 (d) An election supervisor shall appoint a chairperson for each election board 08 within the election supervisor's district. 09 (e) When appointments to the election board have been accepted by the 10 respective appointees, the election supervisor shall notify the director of the names and 11 mailing addresses of the designated chairperson and other election board officials. 12 (f) Election boards for municipal elections shall be appointed by the 13 appropriate municipality. 14 * Sec. 11. AS 15.10.170 is amended to read: 15 Sec. 15.10.170. Appointment and privileges of watchers. The precinct party 16 committee, where an organized precinct committee exists, or the party district 17 [PARTY] committee where no organized precinct committee exists, or the state party 18 chairperson [CHAIRMAN] where neither a precinct nor a party district committee 19 exists, may appoint one or more persons as watchers in each precinct and counting 20 center for any election. Each candidate not representing a political party may appoint 21 one or more watchers for each precinct or counting center in the candidate's respective 22 district or the state for any election. Any organization or organized group that 23 sponsors or opposes an initiative, referendum or recall may have one or more persons 24 as watchers at the polls and counting centers after first obtaining authorization from 25 the director. A [NO] state party chairperson, a [CHAIRMAN, NO] precinct party 26 committee, a party [NO] district committee , or a candidate not representing a political 27 party or organization or organized group may not have more than one watcher on duty 28 at a time in any precinct or counting center. The watcher may be present at a position 29 inside the place of voting or counting that [WHICH] affords a full view of all action 30 of the election officials [BOARD AND OTHER COUNTERS] taken from the time the 31 polls are opened until the ballots are finally counted and the results certified by the
01 election board or the data processing review board. The election board or the data 02 processing review board may require each watcher to present written proof showing 03 appointment by the precinct party committee, the party district [DISTRICT PARTY] 04 committee, the organization or organized group , or the candidate the watcher 05 represents that [WHICH] is signed by the chairperson [CHAIRMAN] of the precinct 06 party committee, the party district [DISTRICT PARTY] committee, the state party 07 chairperson [CHAIRMAN], the organization or organized group , or the candidate 08 representing no party. 09 * Sec. 12. AS 15.10.180 is amended to read: 10 Sec. 15.10.180. Appointment of [PARTY REPRESENTATIVES FOR] state 11 ballot counting review board . The director shall appoint two persons from the 12 political party of which the governor is a member and two persons from the 13 political party that received the second largest number of votes statewide in the 14 preceding gubernatorial election [EACH POLITICAL PARTY] to participate in the 15 state ballot counting review. The director may appoint additional individuals to 16 participate in the state ballot counting review. [EACH PERSON WHO IS 17 APPOINTED AND SERVES IS ENTITLED TO COMPENSATION AS PROVIDED 18 IN AS 15.15.380.] Each political party may present to the director a list of three or 19 more names from which the director shall select the persons to represent the party. 20 The list of names may be submitted in writing at least 30 days before the date of the 21 election. [THE PERSONS TO REPRESENT THE PARTY ON THE STATE 22 BALLOT COUNTING REVIEW BOARD MAY BE SELECTED BY THE STATE 23 PARTY CENTRAL COMMITTEE OR IN ANY OTHER MANNER PRESCRIBED 24 BY THE BYLAWS OF THE PARTY.] The list of names shall be certified by the 25 state chairperson [CHAIRMAN] of the political [STATE CENTRAL COMMITTEE 26 OF THE] party or by the person authorized by the party bylaws to act in the absence 27 of the chairperson [CHAIRMAN]. 28 * Sec. 13. AS 15.15.030(8) is amended to read: 29 (8) The general or special election ballot shall be designed with the title 30 and proposition for any initiative, referendum, or constitutional amendment formulated 31 as prescribed by law and placed on the ballot in the manner prescribed by the director.
01 When placed on the ballot, a state ballot proposition or ballot question shall carry the 02 number that [WHICH] was assigned to the petition for the proposition or question. 03 Provision shall be made for marking the proposition "Yes" ["FOR"] or "No." 04 ["AGAINST."] 05 * Sec. 14. AS 15.15.030(11) is amended to read: 06 (11) When the legislature by law authorizes a state debt for capital 07 improvements, the director shall place the question of whether the specific 08 authorization shall be ratified by placing the ballot title and question on the next 09 general election ballot, or on the special election ballot if a special election is held for 10 the purpose of ratifying the state debt for capital improvements before the time of the 11 next general election. Unless specifically provided otherwise in the Act authorizing 12 the debt, the ballot title shall, by the use of a few words in a succinct manner, indicate 13 the general subject of the Act. The question shall, by the use of a few sentences in 14 a succinct manner, give a true and impartial summary of the Act authorizing the state 15 debt. The question of whether state debt shall be contracted shall be assigned a letter 16 of the alphabet on the ballot. Provision shall be made for marking the question 17 substantially as follows: 18 "Bonds. . . . . . . Yes" or "Bonds . . . . . . No," 19 followed by an appropriate oval [SQUARE]. 20 * Sec. 15. AS 15.15.070(b) is amended to read: 21 (b) The notice shall be given by publication at least twice in one or more 22 newspapers of general circulation in each of the four judicial [MAJOR ELECTION] 23 districts. The printed notice must [SHALL] specifically include [BUT IS NOT 24 LIMITED TO] the date of election, the hours between which the polling places will 25 be open, the offices to which candidates are to be nominated or elected, and the 26 subject of the propositions and questions that [WHICH] are to be voted on. 27 * Sec. 16. AS 15.15.070(c) is amended to read: 28 (c) Public notice shall also be given by posting notices in those communities 29 that do not have newspapers of general circulation where posting of notice is 30 considered necessary by the director [TWO OR MORE CONSPICUOUS PLACES 31 IN EACH ELECTION PRECINCT]. The posted notice must [SHALL] specifically
01 include [BUT IS NOT LIMITED TO] the date of election, the location of the polling 02 places [PLACE], the hours between which the polling places will be open, the offices 03 to which candidates are to be nominated or elected, [AND] the subject of the 04 propositions and questions that [WHICH] are to be voted on , and other information 05 considered necessary by the director . 06 * Sec. 17. AS 15.15.070(h) is amended to read: 07 (h) An abbreviated form of the notice published under (b) of this section shall 08 be broadcast on one or more radio or television stations in each of the four judicial 09 districts. The broadcast notice must include at a minimum the date of the election, the 10 hours between which the polling places will be open, and the address and phone 11 number of the election supervisor or supervisors for the judicial district in which 12 the notice is broadcast [THE NAMES OF THE NEWSPAPERS IN WHICH THE 13 NOTICE IS PUBLISHED, AND THE DATES OF PUBLICATION IN THE 14 NEWSPAPERS]. 15 * Sec. 18. AS 15.15.110 is amended to read: 16 Sec. 15.15.110. General duties and oath of election board [AND CLERKS]. 17 The election board shall supervise the election in the precinct. Before entering upon 18 the duties of office, each election official [JUDGE AND CLERK] shall take an oath 19 to honestly, faithfully, and promptly perform the duties of office. Any appointed 20 election official, including an appointed election official who has [JUDGE, 21 WHETHER OR] not [HAVING] personally subscribed to the oath, may administer the 22 oath to another election official [JUDGE]. The chairperson [CHAIRMAN] of the 23 election board shall rotate the time at which election officials [JUDGES AND 24 CLERKS] may be relieved for meals. 25 * Sec. 19. AS 15.15.120 is amended to read: 26 Sec. 15.15.120. Filling vacancies in election board. If an appointed election 27 board member [JUDGE OR CLERK] fails to appear and subscribe to the oath on 28 election day or becomes incapacitated during the time of the election or the counting 29 of the ballots, the election board members present shall elect, by a majority voice vote, 30 a qualified voter to fill the vacancy. The qualified voter elected to fill the vacancy 31 shall be of the same political party as the person for whom the substitution is made
01 unless, after reasonable effort, the election board members determine that a qualified 02 voter of the same political party is not available. 03 * Sec. 20. AS 15.15.130 is amended to read: 04 Sec. 15.15.130. Majority decision of election board. The decision of the 05 majority of election board members [JUDGES] determines the action that the election 06 board shall take regarding any question that [WHICH] arises during the course of the 07 election. 08 * Sec. 21. AS 15.15.140(c) is amended to read: 09 (c) On disclosure that unofficial ballots have been used without the 10 certification required under (b) of this section, the director shall notify the chairperson 11 [CHAIRMAN] of the election board by telephone or electronic transmission 12 [TELEGRAM] of the failure to certify the ballots properly. 13 * Sec. 22. AS 15.15.140(d) is amended to read: 14 (d) The director may accept a certificate made by electronic transmission 15 [TELEGRAM] and count the ballots if the certificate is proper and actually received 16 by the director within 10 days after [OF] the date that the chairperson [CHAIRMAN] 17 of the election board was notified under (c) of this section. 18 * Sec. 23. AS 15.15.160 is amended to read: 19 Sec. 15.15.160. Prohibition of political discussion by election board. During 20 the hours that the polls are open, an election board member [A JUDGE OR CLERK] 21 may not discuss any political party, candidate , or issue while on duty. 22 * Sec. 24. AS 15.15.170 is amended to read: 23 Sec. 15.15.170. Prohibition of political persuasion near election polls. 24 During the hours the polls are open, a person who is in the polling place or within 200 25 feet of any entrance to the polling place may not attempt to persuade a person to vote 26 for or against a candidate, proposition , or question. The election officials [JUDGES] 27 shall post warning notices at the required distance in the form and manner prescribed 28 by the director. 29 * Sec. 25. AS 15.15.180 is amended to read: 30 Sec. 15.15.180. Keeping of register. The election officials [JUDGES] shall 31 keep a register or registers in which each voter before receiving a ballot shall sign the
01 voter's name and give both a residence [RESIDENT] and mailing address. A record 02 shall be kept in the registration book in space provided of the names [NAME] of 03 persons who offer to vote but who actually do not vote, and a brief statement of 04 explanation. The signing of the register constitutes a declaration by the voter that the 05 voter is qualified to vote. 06 * Sec. 26. AS 15.15.195 is amended to read: 07 Sec. 15.15.195. Voters on official registration list. An election official 08 [JUDGE] in a precinct shall allow a voter on the official registration list to vote in the 09 precinct unless the voter is questioned in accordance with AS 15.15.210. 10 * Sec. 27. AS 15.15.198 is amended to read: 11 Sec. 15.15.198. Voters not on official registration list. (a) If a voter's name 12 does not appear on the official registration list in the precinct in which the voter seeks 13 to vote, the election official [JUDGE] shall affirmatively advise the voter that the voter 14 may cast a questioned ballot , and the voter shall be allowed to vote a questioned 15 ballot. 16 (b) A person whose registration is inactive under AS 15.07.130(b) and who 17 votes a questioned or absentee ballot shall have the ballot counted if 18 (1) the person was registered to vote in the last four calendar years 19 [FOR EITHER OF THE TWO MOST RECENT GENERAL ELECTIONS]; 20 (2) the person signs a statement to that effect; and 21 (3) the earlier registration is verified by the director. 22 * Sec. 28. AS 15.15.210 is amended to read: 23 Sec. 15.15.210. Questioning of voters of suspect qualification. Every 24 election official [JUDGE AND ELECTION CLERK] shall question, and every watcher 25 and any other person qualified to vote in the precinct may question , a person 26 attempting to vote if the questioner has good reason to suspect that the questioned 27 person is not qualified under AS 15.05 [TO VOTE]. All questions regarding a 28 person's qualifications to vote shall be made in writing setting out the reason the 29 person has been questioned. A questioned person shall, before voting , [SHALL] 30 subscribe to a declaration in a form provided by the director attesting to the fact that 31 in each particular the person meets all the qualifications of a voter, is not disqualified,
01 and has not voted at the same election, and certifying that the person understands that 02 a false statement on the declaration may subject the person to prosecution for a 03 misdemeanor under this title or AS 11. [THE QUESTIONED PERSON SHALL 04 ALSO STATE THE PLACE FROM WHICH THAT PERSON CAME 05 IMMEDIATELY BEFORE LIVING IN THE PRECINCT WHERE OFFERING TO 06 VOTE AND THE LENGTH OF TIME OF RESIDENCE IN THE FORMER PLACE.] 07 After the questioned person has executed the declaration, the person may vote. If the 08 questioned person refuses to execute the declaration, the person may not vote. 09 * Sec. 29. AS 15.15.215(a) is amended to read: 10 (a) A voter who casts a questioned ballot shall vote the ballot in the same 11 manner as prescribed for other voters. The voter shall insert the ballot into a secrecy 12 sleeve and [, THE ELECTION JUDGE SHALL REMOVE THE NUMBERED STUB 13 FROM THE BALLOT, AND THE VOTER SHALL] put the secrecy sleeve into an 14 envelope on which the statement the voter previously signed is located. The envelope 15 shall be sealed and deposited in the ballot box. When the ballot box is opened, the 16 envelopes shall be segregated, counted, compared to the voting list, and delivered to 17 the official or body supervising the election. The merits of the question shall be 18 determined by this official or body in accordance with the procedure prescribed for 19 questioned votes in AS 15.20.207. 20 * Sec. 30. AS 15.15.220 is amended to read: 21 Sec. 15.15.220. Administration of oaths. Any election official [JUDGE] may 22 administer to a voter any oath that is necessary in the administration of the election. 23 * Sec. 31. AS 15.15.225(a) is amended to read: 24 (a) Before being allowed to vote, each voter shall exhibit to an election official 25 [JUDGE] one form of identification, including [BUT NOT LIMITED TO] an official 26 voter registration card, driver's license, birth certificate, passport, [OR] hunting or 27 fishing license , or other form of identification as prescribed by regulation . 28 * Sec. 32. AS 15.15.225(b) is amended to read: 29 (b) An election official [JUDGE] may waive the identification requirement if 30 the election official [JUDGE] knows the identity of the voter. 31 * Sec. 33. AS 15.15.230 is amended to read:
01 Sec. 15.15.230. Providing ballot to voter. When the voter has qualified to 02 vote, the election official [JUDGE] shall give the voter an official ballot. The voter 03 shall retire to a booth or private place to mark the ballot. 04 * Sec. 34. AS 15.15.240 is amended to read: 05 Sec. 15.15.240. Voter assistance [ASSISTING VOTER BY JUDGE]. A 06 qualified voter needing assistance in voting [WHO CANNOT READ, MARK THE 07 BALLOT, OR SIGN THE VOTER'S NAME] may request an election official 08 [JUDGE], a person, or not more than two persons of the voter's choice to assist. If the 09 election official [JUDGE] is requested, the election official [JUDGE] shall assist the 10 voter. If any other person is requested, the person shall state upon oath before the 11 election official [JUDGE] that the person will not divulge the vote cast by the person 12 assisted. 13 * Sec. 35. AS 15.15.250 is amended to read: 14 Sec. 15.15.250. Disposition of spoiled [IMPROPERLY MARKED] ballot. 15 If a voter improperly marks , [OR OTHERWISE] damages , or otherwise spoils a 16 ballot, the voter may request and the election board shall provide another ballot, with 17 a maximum of three . The [, AND THE] board shall record on the precinct register 18 that there was a spoiled [THE NUMBER OF THE IMPROPERLY MARKED OR 19 DAMAGED] ballot and destroy the spoiled ballot [IT] immediately without 20 examining it. 21 * Sec. 36. AS 15.15.260 is amended to read: 22 Sec. 15.15.260. Placing ballot in ballot box by voter. When the voter has 23 marked a ballot, the voter shall inform the election official [JUDGE]. The 24 [DIRECTOR MAY REQUIRE THAT THE VOTER RETURN THE BALLOT TO 25 THE ELECTION JUDGE TEMPORARILY SO THAT ANY STUB WHICH MAY BE 26 PART OF THE BALLOT MAY BE REMOVED BY THE ELECTION JUDGE. ANY 27 SUCH REQUIREMENT SHALL PROTECT THE SECRECY OF THE BALLOT. IN 28 ALL CASES THE] ballot shall be deposited in the ballot box by the voter in the 29 presence of the election official [JUDGE] unless the voter requests the election official 30 [JUDGE] to deposit the ballot on the voter's behalf. Separate ballot boxes may be 31 used for separate ballots.
01 * Sec. 37. AS 15.15.330 is amended to read: 02 Sec. 15.15.330. Commencement of ballot count. When the polls are closed 03 and the last vote has been cast in a hand-count precinct , the election board [AND 04 CLERKS OR COUNTERS] shall immediately proceed to open the ballot box and to 05 count the votes cast. In all cases , the election board shall cause the count to be 06 continued without adjournment until the count is complete. 07 * Sec. 38. AS 15.15.340 is amended to read: 08 Sec. 15.15.340. Report, oath , and vacancies of additional election officials 09 [COUNTERS]. Additional election officials [COUNTERS] shall report to the 10 election board at the polls at the time designated by the election supervisor or the 11 chairperson [CHAIRMAN] of the election board to assume their duties to assist the 12 election board in counting the vote. Before undertaking the duties of office, each 13 additional election official [COUNTER] shall subscribe to an oath to honestly, 14 faithfully, impartially, and promptly carry out the duties of the position. [AN 15 ELECTION JUDGE MAY ADMINISTER THE OATH.] If an additional election 16 official [APPOINTED COUNTER] fails to appear and subscribe to the oath at the time 17 designated by the election supervisor, the election board shall appoint any qualified 18 voter to fill the vacancy. 19 * Sec. 39. AS 15.15.350(a) is amended to read: 20 (a) The director may adopt regulations prescribing the manner in which the 21 precinct ballot count is accomplished so as to assure accuracy in the count and to 22 expedite the process. The election board shall account for all ballots by completing 23 a ballot statement containing (1) the number of official ballots received; (2) the number 24 of official ballots voted; (3) the number of official ballots spoiled; (4) the number of 25 official ballots unused and destroyed. The board shall count the number of questioned 26 ballots and shall compare that number to the number of questioned voters in the 27 register. Discrepancies shall be noted and the numbers included in the certificate 28 prescribed by AS 15.15.370. The election board , in hand-count precincts, shall count 29 the ballots in a manner that allows watchers to see the ballots when opened and read. 30 A [NO] person handling the ballot after it has been taken from the ballot box and 31 before it is placed in the envelope for mailing may not have a marking device in hand
01 or remove a ballot from the immediate vicinity of the polls. 02 * Sec. 40. AS 15.15.360 is amended to read: 03 Sec. 15.15.360. Rules for counting [HAND-MARKED] ballots in hand- 04 count precincts . (a) The election board shall count [HAND-MARKED] ballots in hand-count precincts 05 according to the following rules : [.] 06 (1) A voter may mark a ballot only by filling in, making [THE USE 07 OF CROSS-MARKS,] "X" marks, diagonal, horizontal , or vertical marks, solid marks, 08 stars, circles, asterisks, checks, or plus signs that are clearly spaced in the oval 09 [SQUARE] opposite the name of the candidate , proposition, or question that the 10 voter desires to designate. 11 (2) A failure to properly mark a ballot as to one or more candidates 12 does not itself invalidate the entire ballot. 13 (3) If a voter marks fewer names than there are persons to be elected 14 to the office, a vote shall be counted for each candidate properly marked. 15 (4) If a voter marks more names than there are persons to be elected 16 to the office, the votes for candidates for that office may not be counted. 17 (5) The mark specified in (1) of this subsection shall be counted only 18 if it is substantially inside the oval [SQUARE] provided, or touching the oval 19 [SQUARE] so as to indicate clearly that the voter intended the particular oval 20 [SQUARE] to be designated. 21 (6) Improper marks on the ballot may not be counted and do not 22 invalidate marks for candidates properly made. 23 (7) An erasure or correction invalidates only that section of the ballot 24 in which it appears. 25 (8) A vote marked for the candidate for President or Vice-President of 26 the United States is considered and counted as a vote for the election of the 27 presidential electors. 28 (9) Write-in votes are not invalidated by writing in the name of a 29 candidate whose name is printed on the ballot unless the election board determines, on 30 the basis of other evidence , that the ballot was so marked for the purpose of 31 identifying the ballot.
01 (10) [STICKERS BEARING A CANDIDATE'S NAME MAY BE 02 AFFIXED TO THE BALLOT IN PLACE OF WRITING IN A CANDIDATE'S 03 NAME IF WRITE-IN VOTES ARE OTHERWISE PERMITTED. STICKERS MAY 04 NOT BE ISSUED BY MEMBERS OF THE ELECTION BOARD WHILE SERVING 05 AT THE POLLS. STICKERS MAY NOT BE OFFERED TO VOTERS WITHIN 200 06 FEET OF THE POLLING PLACE. 07 (11)] In order to vote for a write-in candidate, the voter must write in 08 the candidate's name in the space provided [OR PLACE A STICKER IN THE SPACE] 09 and fill in [, IN ADDITION, MARK] the oval [SQUARE] opposite the candidate's 10 name in accordance with (1) of this subsection. 11 (11) A vote for a write-in candidate, other than a write-in vote for 12 governor and lieutenant governor, shall be counted if the oval is filled in for that 13 candidate and if the name, as it appears on the write-in declaration of candidacy, 14 of the candidate or the last name of the candidate is written in the space 15 provided. 16 (12) If the write-in vote is for governor and lieutenant governor, the 17 vote shall be counted if the oval is filled in and the names, as they appear on the 18 write-in declaration of candidacy, of the candidates for governor and lieutenant 19 governor or the last names of the candidates for governor and lieutenant 20 governor, or the name, as it appears on the write-in declaration of candidacy, of 21 the candidate for governor or the last name of the candidate for governor is 22 written in the space provided. 23 (b) The rules set out in this section are mandatory and there are [SHALL BE] 24 no exceptions to them. A ballot may not be counted unless marked in compliance 25 with these rules. 26 (c) The rules set out in this section apply to [HAND-MARKED PUNCH- 27 CARD] ballots used in hand-count precincts where precinct tabulators [IF PUNCH- 28 CARD MACHINES] are not available [IN A PRECINCT]. 29 * Sec. 41. AS 15.15.361 is repealed and reenacted to read: 30 Sec. 15.15.361. Stickers. Affixing stickers on a ballot in an election to vote 31 for a write-in candidate is prohibited.
01 * Sec. 42. AS 15.15.390 is amended to read: 02 Sec. 15.15.390. Certifying election expenses. The director shall prescribe the 03 manner of certifying, auditing, and paying election expenses, including the cost of 04 giving notice, renting polling places, paying election officials [JUDGES, CLERKS, 05 AND COUNTERS], securing a ballot box, postage, and stationery, and obtaining 06 similar election necessities. 07 * Sec. 43. AS 15.15.430 is repealed and reenacted to read: 08 Sec. 15.15.430. Scope of the review of ballot counting. (a) The review of 09 ballot counting by the director shall include only a review of 10 (1) the precinct registers, tallies, and ballots cast; and 11 (2) absentee and questioned ballots as prescribed by law. 12 (b) If, following the ballot review set out in (a) of this section, the director 13 finds an unexplained discrepancy in the ballot count in any precinct, the director may 14 count the ballots from that precinct. The director shall certify in writing to the state 15 ballot counting review board any changes resulting from the count. 16 * Sec. 44. AS 15.15.470 is amended to read: 17 Sec. 15.15.470. Preservation of election ballots, papers, and materials. The 18 director shall preserve all precinct election certificates, tallies, and registers for four 19 years after the election. All ballots and stubs for elections other than national 20 elections may be destroyed 30 days after the certification of the state ballot counting 21 review unless an application for recount has been filed and not completed, or unless 22 their destruction is stayed by an order of the court. All ballots for national elections 23 may be destroyed in accordance with federal law. The director may permit the 24 inspection of election materials upon call by the Congress, the state legislature, or a 25 court of competent jurisdiction. 26 * Sec. 45. AS 15.20.015 is amended to read: 27 Sec. 15.20.015. Moving from house [ELECTION] district just before 28 election. A person who meets all voter qualifications except the requirement [THAT 29 LISTED] in AS 15.05.010(4) is qualified to vote by absentee ballot in the house 30 [ELECTION] district in which the person formerly resided if the person lived in that 31 house [ELECTION] district for at least 30 days immediately before changing
01 residence , except that the person may vote only for 02 (1) statewide ballot measures and questions; 03 (2) candidates for federal or statewide offices; 04 (3) candidates for the state senate if the voter's former residence 05 and present residence are in the same senate district; and 06 (4) candidates for judicial retention if the voter's former residence 07 and present residence are in the same judicial district . 08 * Sec. 46. AS 15.20.020 is amended to read: 09 Sec. 15.20.020. Provision for general administrative supervision. The 10 director shall provide general administrative supervision over the conduct of absentee 11 voting. The director shall make available instructions to absentee voters regarding the 12 procedure for absentee voting. [ONE SET OF INSTRUCTIONS SHALL 13 ACCOMPANY EACH ABSENTEE BALLOT.] 14 * Sec. 47. AS 15.20.061(a) is amended to read: 15 (a) A qualified voter may apply in person for an absentee ballot to the 16 following election officials at the times specified: 17 (1) to an absentee voting official [IN THE ELECTION DISTRICT IN 18 WHICH THE VOTER RESIDES] on or after the 15th day before an election up to and 19 including [THE DAY BEFORE] the date of the election; 20 (2) to an election supervisor 21 (A) after a date announced by the director under 22 AS 15.20.048(b); and 23 (B) on or after the 15th day before an election up to and 24 including the date of the election; 25 (3) to an absentee voting official at an absentee voting station 26 designated under AS 15.20.045(b) at any time when the absentee voting station is 27 operating; 28 (4) [TO AN ABSENTEE VOTING OFFICIAL IN THE PRECINCT 29 IN WHICH THE VOTER RESIDES WHEN DISTANCES PRECLUDE EASY 30 ACCESS TO THE POLLING PLACE ON OR AFTER THE 15TH DAY BEFORE 31 AN ELECTION UP TO AND INCLUDING ELECTION DAY;
01 (5)] to an absentee voting official in the precinct in which no volunteers 02 can be located to serve on the election board on or after the 15th day before an 03 election up to and including election day. 04 * Sec. 48. AS 15.20.061(d) is amended to read: 05 (d) The election official may not accept a marked ballot that has been 06 exhibited by an absentee voter with intent to influence other voters. If the absentee 07 voter spoils [IMPROPERLY MARKS OR OTHERWISE DAMAGES] a ballot, the 08 voter may request and the election official shall provide another ballot up to a 09 maximum of three. Exhibited or spoiled [, IMPROPERLY MARKED, OR 10 DAMAGED] ballots shall be destroyed. The numbers of all ballots destroyed shall be 11 noted on the ballot statement. 12 * Sec. 49. AS 15.20 is amended by adding a new section to read: 13 Sec. 15.20.064. Early voting. (a) A qualified voter who meets the 14 requirements set out in this section may vote early in the office of an election 15 supervisor on or after the 15th day before an election up to and including election day. 16 (b) The election supervisor or other election official shall issue a ballot to the 17 voter upon 18 (1) exhibition of proof of identification as required in AS 15.15.225; 19 (2) verification that the voter's residence address appearing on the 20 official registration list is current and within the election supervisor's jurisdiction; and 21 (3) the voter's signing the early voting register. 22 (c) After the voter has marked the ballot, the voter shall place the ballot in the 23 secrecy sleeve and inform the election supervisor or other election official. The voter 24 shall deposit the ballot in the ballot box in the presence of the election supervisor or 25 other election official unless the voter requests the election supervisor or other election 26 official to deposit the ballot on the voter's behalf. The tabulation of early voting 27 ballots may not begin before 8:00 p.m. prevailing time on election day. 28 * Sec. 50. AS 15.20 is amended by adding a new section to read: 29 Sec. 15.20.072. Special needs voting. (a) A qualified voter with a disability 30 who, because of that disability, is unable to go to a polling place to vote may vote a 31 special needs ballot.
01 (b) The voter may, through a representative, request a special needs ballot 02 from the following election officials at the times specified: 03 (1) from an absentee voting official on or after the 15th day before an 04 election, up to and including election day; 05 (2) from an election supervisor 06 (A) after a date announced by the director under 07 AS 15.20.048(b); and 08 (B) on or after the 15th day before an election up to and 09 including election day; 10 (3) from an absentee voting official at an absentee voting station 11 designated under AS 15.20.045(b) at a time when the absentee voting station is in 12 operation; or 13 (4) from a member of the precinct election board on election day. 14 (c) If the request for a special needs ballot is made through a representative, 15 the representative shall sign a register provided by an election official. The register 16 must include the following information: 17 (1) the representative's name; 18 (2) the representative's residence and mailing address; 19 (3) the representative's social security number, voter number, or date 20 of birth; 21 (4) the name of the voter on whose behalf the representative is 22 requesting a ballot and voting materials; 23 (5) an oath that the representative 24 (A) is receiving a ballot and voting materials on behalf of the 25 voter; 26 (B) will not vote the ballot for the voter; 27 (C) will not coerce the voter; 28 (D) will not divulge the vote cast by the voter; and 29 (E) has been notified that unlawful interference with voting is 30 punishable under AS 15.56.030; 31 (6) the representative's signature.
01 (d) The representative shall deliver the special needs ballot and other voting 02 materials to the voter as soon as practicable. The voter shall mark the ballot in secret, 03 place the ballot in the secrecy sleeve, and place the secrecy sleeve in the envelope 04 provided. The voter shall provide the information on the envelope that would be 05 required for absentee voting if the voter voted in person. The voter shall sign the 06 voter's certificate in the presence of the representative. The representative shall sign 07 as attesting official and date the voter's signature. 08 (e) The representative shall deliver the ballot and voter certificate to an 09 election official not later than 8:00 p.m. Alaska time on election day. 10 (f) If a qualified voter's disability precludes the voter from performing any of 11 the requirements of (d) of this section, the representative may perform those 12 requirements, except making the voting decision, on the voter's behalf. 13 (g) The voter's employer, an agent of the voter's employer, or an officer or 14 agent of the voter's union may not act as a representative for the voter. A candidate 15 for office at an election may not act as a representative for a voter in the election. 16 * Sec. 51. AS 15.20.082(c) is amended to read: 17 (c) A special state absentee ballot prepared for the state general election or for 18 a state special election shall, if the names of candidates are not yet certified, permit 19 a voter to cast a ballot for all the candidates of a particular political party that expects 20 to have candidates appear on the ballot; for this purpose, the director shall prepare the 21 ballot with party boxes and a blank line for each office to be voted on in that election. 22 The voter may vote for a candidate for that office by writing in the name of a person 23 and filling in [MARKING] the oval [BOX] to the right of that name , or the voter may 24 mark one of the party boxes. If the voter puts a mark in a party box for that office, 25 the director shall count the mark as a vote cast for the candidate for that office 26 nominated by that party. If the voter writes in a name for an office, the vote shall be 27 counted as a write-in vote for that office. The director shall count the ballots under 28 AS 15.15.360. The director shall provide the voter with the names of each candidate 29 appearing on the primary election ballot and the names of any candidates who have 30 qualified by petition to appear on the general election ballot. 31 * Sec. 52. AS 15.20.190(a) is amended to read:
01 (a) Thirty days before the date of an election, the election supervisors shall 02 appoint, in the same manner provided for the appointment of election officials 03 [JUDGES] prescribed in AS 15.10 [AS 15.10.150], district absentee ballot counting 04 boards and district questioned ballot counting boards, each composed of at least four 05 members. At least one member of each board must be a member of the same political 06 party of which the governor is a member, and at least one member of each board must 07 be a member of the political party whose candidate for governor received the second 08 largest number of votes in the preceding gubernatorial election. The district boards 09 shall assist the election supervisors in counting the absentee and questioned ballots and 10 shall receive the same compensation paid election officials [JUDGES] under 11 AS 15.15.380. 12 * Sec. 53. AS 15.20.205(c) is amended to read: 13 (c) The district questioned ballot counting board may [SHALL] certify the 14 questioned ballot totals as soon as the count is completed but no later than the 15th 15 [10TH] day following the election. 16 * Sec. 54. AS 15.20.211(a) is amended to read: 17 (a) If a qualified voter of the state votes a ballot for a house [AN ELECTION] 18 district other than the house [ELECTION] district in which the voter is registered, that 19 person may vote only for 20 (1) statewide ballot measures and questions; 21 (2) candidates for federal or statewide offices; 22 (3) candidates for the state senate if the voter's former residence 23 and present residence are in the same senate district; and 24 (4) candidates for judicial retention if the voter's former residence 25 and present residence are in the same judicial district [THE VOTES CAST FOR 26 STATEWIDE CANDIDATES AND FOR STATEWIDE BALLOT PROPOSITIONS 27 AND STATEWIDE QUESTIONS SHALL BE COUNTED. IF THE QUALIFIED 28 VOTER VOTED FOR A CANDIDATE FOR THE STATE SENATE FROM THE 29 SENATE DISTRICT IN WHICH THE VOTER IS A RESIDENT, THE VOTE 30 SHALL BE COUNTED. THE VOTES CAST FOR CANDIDATES OR BALLOT 31 PROPOSITIONS OR QUESTIONS NOT APPEARING ON THE BALLOT OF THE
01 DISTRICT IN WHICH THE VOTER IS A RESIDENT MAY NOT BE COUNTED]. 02 * Sec. 55. AS 15.20.480 is amended to read: 03 Sec. 15.20.480. Procedure for recount. In conducting the recount, the 04 director shall review all ballots , whether the ballots were counted at the precinct or by 05 computer or by the district absentee counting board or the questioned ballot counting 06 board , to determine which ballots, or part of ballots, were properly marked and which 07 ballots are to be counted in the recount, and shall check the accuracy of the original 08 count, the precinct certificate , and the review. [THE DIRECTOR SHALL CHECK 09 THE NUMBER OF BALLOTS AND QUESTIONED BALLOTS CAST IN A 10 PRECINCT AGAINST THE REGISTERS AND SHALL CHECK ABSENTEE 11 BALLOTS VOTED AGAINST ABSENTEE BALLOTS DISTRIBUTED.] The 12 director shall count absentee ballots received before the completion of the recount. For 13 administrative purposes, the director may join and include two or more applications 14 in a single review and count of votes. The rules in AS 15.15.360 governing the 15 counting of [HAND-MARKED] ballots in hand-count precincts [AND THE RULES 16 IN AS 15.20.730 GOVERNING THE COUNTING OF PUNCH-CARD BALLOTS] 17 shall be followed in the recount when a ballot is challenged on the basis of a 18 question regarding the voter's intent to vote for the candidate, proposition, or 19 question . The ballots and other election material must remain in the custody of the 20 director during the recount , and the highest degree of care shall be exercised to protect 21 the ballots against alteration or mutilation. The recount shall be completed within 10 22 days. The director may employ additional personnel necessary to assist in the recount. 23 * Sec. 56. AS 15.20.800(e) is amended to read: 24 (e) The director shall review ballots voted under this section under procedures 25 established for the review of absentee ballots under AS 15.20.201 and 15.20.203. The 26 director shall establish the schedule for counting ballots in an election conducted 27 by mail. 28 * Sec. 57. AS 15.25.040(a) is amended to read: 29 (a) The declaration is filed by either 30 (1) the actual physical delivery of the declaration in person or by mail 31 at or before 5:00 p.m., prevailing time, June 1 of the year in which a general election
01 is held for the office; or 02 (2) reliable electronic transmission [THE ACTUAL PHYSICAL 03 DELIVERY BY TELEGRAM] of a copy in substance of the statements made in 04 paragraphs (1) - (5) of the declaration as required by AS 15.25.030(a) at or before 5:00 05 p.m., prevailing time, June 1 of the year in which a general election is held for the 06 office and also the actual physical delivery of the declaration containing paragraphs 07 (1) - (16) as required by AS 15.25.030(a) by [REGISTERED] mail that [WHICH] is 08 received not more than 15 days after that time. 09 * Sec. 58. AS 15.25 is amended by adding a new section to read: 10 Sec. 15.25.105. Write-in candidates. (a) If a candidate does not appear on 11 the primary election ballot or is not successful in advancing to the general election and 12 wishes to be a candidate in the general election, the candidate may file as a write-in 13 candidate. Votes for a write-in candidate may not be counted unless that candidate has 14 filed a letter of intent with the director stating 15 (1) the full name of the candidate; 16 (2) the full residence address of the candidate and the date on which 17 residency at that address began; 18 (3) the full mailing address of the candidate; 19 (4) the name of the political party or political group of which the 20 candidate is a member, if any; 21 (5) if the candidate is for the office of state senator or state 22 representative, the house or senate district of which the candidate is a resident; 23 (6) the office that the candidate seeks; 24 (7) the date of the election at which the candidate seeks election; 25 (8) the length of residency in the state and in the house district of the 26 candidate; 27 (9) the name of the candidate as the candidate wishes it to be written 28 on the ballot by the voter; 29 (10) that the candidate meets the specific citizenship requirements of 30 the office for which the person is a candidate; 31 (11) that the candidate will meet the specific age requirements of the
01 office for which the person is a candidate by the time that the candidate, if elected, is 02 sworn into office; 03 (12) that the candidate is a qualified voter as required by law; and 04 (13) that the candidate is not a candidate for any other office to be 05 voted on at the general election and that the candidate is not a candidate for this office 06 under any other nominating petition or declaration of candidacy. 07 (b) If a write-in candidate is running for the office of governor, the candidate 08 must file a joint letter of intent together with a candidate for lieutenant governor. Both 09 candidates must be of the same political party or group. 10 (c) A letter of intent under (a) of this section must be filed not later than five 11 days before the general election. 12 * Sec. 59. AS 15.25.130 is amended to read: 13 Sec. 15.25.130. Selection of nominees for party petition. The nominees of 14 political parties by party petition may be selected for statewide offices by the state 15 party central committee or in any other manner prescribed by the party bylaws, and 16 the petition for statewide offices shall be signed by the state chairperson 17 [CHAIRMAN] of the political party [CENTRAL COMMITTEE,] or , in the absence 18 of the state chairperson [CHAIRMAN], by any two members of the state party 19 central committee. The nominees of political parties by party petition may be selected 20 for district-wide offices by the respective party district committee or in any other 21 manner prescribed by the party bylaws, and the petition for district-wide offices shall 22 be signed by the chairperson [CHAIRMAN] of the party district committee, or in the 23 absence of the chairperson [CHAIRMAN], by any two members of the party district 24 committee, or in any other manner prescribed by the party bylaws. The petition may 25 be delivered in person, or by mail, telegraph, [OR] facsimile , or other reliable 26 electronic transmission . 27 * Sec. 60. AS 15.25.180(a) is amended to read: 28 (a) The petition must state in substance 29 (1) the full name of the candidate; 30 (2) the full residence address of the candidate [,] and the date on which 31 residency at that address began;
01 (3) the full mailing address of the candidate; 02 (4) the name of the political group, if any, supporting the candidate; 03 (5) if the candidacy is for the office of state senator or state 04 representative, the house [ELECTION] or senate district of which the candidate is a 05 resident; 06 (6) the office for which the candidate is nominated; 07 (7) the date of the election at which the candidate seeks election; 08 (8) the length of residency in the state and in the district of the 09 candidate; 10 (9) that the subscribers are qualified voters of the state or house 11 [ELECTION] or senate district in which the candidate resides; 12 (10) that the subscribers request that the candidate's name be placed on 13 the primary election ballot; 14 (11) that the proposed candidate accepts the nomination and will serve 15 if elected, with the statement signed by the proposed candidate; 16 (12) the name of the candidate as the candidate wishes it to appear on 17 the ballot; [AND] 18 (13) that the candidate is not a candidate for any other office to be 19 voted on at the primary or general election and that the candidate is not a candidate 20 for this office under any other nominating petition or declaration of candidacy ; 21 (14) that the candidate meets the specific citizenship requirements 22 of the office for which the person is a candidate; 23 (15) that the candidate will meet the specific age requirements of 24 the office for which the person is a candidate by the time that the candidate, if 25 elected, is sworn into office; and 26 (16) that the candidate is a qualified voter . 27 * Sec. 61. AS 15.30.020 is amended to read: 28 Sec. 15.30.020. Number and manner of selecting candidates. Each political 29 party shall select a number of candidates for electors of President and Vice-President 30 [VICE PRESIDENT] of the United States equal to the number of senators and 31 representatives to which the state is entitled in Congress. The candidates for electors
01 shall be selected by the state party convention or in any other manner prescribed by 02 the bylaws of the party. The chairperson [CHAIRMAN] and secretary of the state 03 convention or any other party official designated by the party bylaws shall certify a 04 list of the names of candidates for electors to the director on or before September 1 05 in presidential election years. 06 * Sec. 62. AS 15.40.300 is amended to read: 07 Sec. 15.40.300. Selection of party nominees. The nominees of political 08 parties may be selected by state convention or in any other manner prescribed by the 09 party bylaws, and the petition shall be signed by the chairperson [CHAIRMAN] and 10 secretary of the state convention, or , if the nominees are selected by the party central 11 committee, the petition shall be signed by the state chairperson of the political party 12 [CHAIRMAN OF THE CENTRAL COMMITTEE] or in any other manner prescribed 13 by the party bylaws. 14 * Sec. 63. AS 15.45.110(a) is amended to read: 15 (a) The petitions may be circulated throughout the state [ONLY BY A 16 SPONSOR AND] only in person. 17 * Sec. 64. AS 15.45.110(c) is amended to read: 18 (c) A circulator [SPONSOR] may not receive payment or agree to receive 19 payment that is greater than $1 a signature, and a person or an organization may not 20 pay or agree to pay an amount that is greater than $1 a signature, for the collection of 21 signatures on a petition. 22 * Sec. 65. AS 15.45.110(e) is amended to read: 23 (e) A person or organization that violates (c) or (d) [(b) - (d)] of this section 24 is guilty of a class B misdemeanor. 25 * Sec. 66. AS 15.45.130 is amended to read: 26 Sec. 15.45.130. Certification of circulator [SPONSOR]. Before being filed, 27 each petition shall be certified by an affidavit by the person [SPONSOR] who 28 personally circulated the petition. The affidavit must state in substance that (1) the 29 person signing the affidavit meets the residency, age, and citizenship qualifications 30 of AS 15.05.010 [IS A SPONSOR], (2) the person is the only circulator of that 31 petition, (3) the signatures were made in the circulator's [SPONSOR'S] actual
01 presence, (4) to the best of the circulator's [SPONSOR'S] knowledge, the signatures 02 are those of the persons whose names they purport to be, (5) the signatures are of 03 persons who were qualified voters on the date of signature, (6) the person has not 04 entered into an agreement with a person or organization in violation of 05 AS 15.45.110(c), (7) the person has not violated AS 15.45.110(d) with respect to that 06 petition, and (8) the circulator [SPONSOR] prominently placed, in the space provided 07 under AS 15.45.090(5) before circulation of the petition, in bold capital letters, the 08 circulator's [SPONSOR'S] name and, if the circulator [SPONSOR] has received 09 payment or agreed to receive payment for the collection of signatures on the petition, 10 the name of each person or organization that has paid or agreed to pay the circulator 11 [SPONSOR] for collection of signatures on the petition. In determining the sufficiency 12 of the petition, the lieutenant governor may not count subscriptions on petitions not 13 properly certified. 14 * Sec. 67. AS 15.45.340 is amended to read: 15 Sec. 15.45.340. Circulation [BY SPONSOR]. The petitions may be 16 circulated throughout the state [ONLY BY A SPONSOR AND] only in person. 17 * Sec. 68. AS 15.45.360 is amended to read: 18 Sec. 15.45.360. Certification of circulator [SPONSOR]. Before being filed, 19 each petition shall be certified by an affidavit by the person [SPONSOR] who 20 circulated the petition. The affidavit shall state in substance that (1) the person signing 21 the affidavit meets the residency, age, and citizenship qualifications of 22 AS 15.05.010 [IS A SPONSOR], (2) the person is the only circulator of the petition, 23 (3) the signatures were made in the circulator's [SPONSOR'S] actual presence, and 24 (4) to the best of the circulator's [SPONSOR'S] knowledge, the signatures are the 25 signatures of persons whose names they purport to be. In determining the sufficiency 26 of the petition, the lieutenant governor may not count subscriptions on petitions not 27 properly certified. 28 * Sec. 69. AS 15.45.580 is amended to read: 29 Sec. 15.45.580. Circulation [BY SPONSOR]. The petitions may be 30 circulated [ONLY BY A SPONSOR AND] only in person throughout the state or 31 senate or house [ELECTION] district represented by the official sought to be recalled.
01 * Sec. 70. AS 15.45.600 is amended to read: 02 Sec. 15.45.600. Certification of circulator [SPONSOR]. Before being filed, 03 each petition shall be certified by an affidavit by the person [SPONSOR] who 04 personally circulated the petition. The affidavit shall state in substance that (1) the 05 person signing the affidavit meets the residency, age, and citizenship qualifications 06 of AS 15.05.010 [IS A SPONSOR], (2) the person is the only circulator of that petition 07 or copy, (3) the signatures were made in the circulator's [SPONSOR'S] actual 08 presence, and (4) to the best of the circulator's [SPONSOR'S] knowledge, the 09 signatures are those of the persons whose names they purport to be. In determining 10 the sufficiency of the petition, the director may not count subscriptions on petitions not 11 properly certified. 12 * Sec. 71. AS 15.50.040 is amended to read: 13 Sec. 15.50.040. Display of resolution. The director shall provide each 14 election board with one copy [10 COPIES] of the resolution proposing the 15 constitutional amendment by the legislature or by the convention, and the election 16 board shall display the copy [THREE COPIES] of the resolution in a conspicuous 17 place in the room where the election is held. 18 * Sec. 72. AS 15.56.016(a) is amended to read: 19 (a) A person commits the crime of campaign misconduct in the third degree 20 if 21 (1) the person violates a provision of AS 15.13 or a regulation adopted 22 under AS 15.13; or 23 (2) during the hours the polls are open and after election officials 24 [JUDGES] have posted warning notices as required by AS 15.15.170 or at the required 25 distance in the form and manner prescribed by the chief municipal elections official 26 in a local election, the person is within 200 feet of an entrance to a polling place, and 27 (A) violates AS 15.15.170; or 28 (B) circulates cards, handbills, or marked ballots, or posts 29 political signs or posters relating to a candidate at an election or election 30 proposition or question. 31 * Sec. 73. AS 15.56.030(d) is amended to read:
01 (d) For purposes of (a)(2) and (3) of this section, "other valuable thing" 02 (1) includes [, BUT IS NOT LIMITED TO,] 03 (A) an entry in a game of chance in which a prize of money or 04 other present or future pecuniary gain or advantage may be awarded to a 05 participant wherein the total of the prizes offered is greater than $2 per 06 participant with a maximum of $100; and 07 (B) government employment or benefits; 08 (2) does not include 09 (A) materials having a nominal value bearing the name, 10 likeness, or other identification of a candidate, political party, political group, 11 party district committee, or organization, or stating a position on a ballot 12 proposition or question; 13 (B) food and refreshments provided incidental to an activity that 14 is nonpartisan in nature and directed at encouraging persons to vote, or 15 incidental to a gathering in support of or in opposition to a candidate, political 16 party, political group, party district committee, organization, or ballot question 17 or proposition; 18 (C) care of the voter's dependents provided in connection with 19 the absence of a voter from home for the purpose of voting; 20 (D) services provided by a person acting as a [PERSONAL] 21 representative under AS 15.20.072 [AS DEFINED IN AS 15.20.071]; 22 (E) services provided by an election official as defined in 23 AS 15.60.010; and 24 (F) transportation of a voter to or from the polls without charge. 25 * Sec. 74. AS 15.58.030(b) is amended to read: 26 (b) No later than July 22 [JULY 15] of a year in which a state general 27 election will be held, an individual who becomes a candidate for the office of United 28 States senator, United States representative, governor, lieutenant governor, state 29 senator, or state representative under AS 15.25.030 or 15.25.180 [UNDER 30 AS 15.25.180] may file with the lieutenant governor a photograph and a statement 31 advocating the candidacy. An individual who becomes a candidate for the office of
01 United States senator, United States representative, governor, lieutenant governor, state 02 senator, or state representative by party petition filed under AS 15.25.110 may file 03 with the lieutenant governor a photograph and a statement advocating the candidacy 04 within 10 days of becoming a candidate. 05 * Sec. 75. AS 15.58.080(a) is amended to read: 06 (a) Not less than 22 [30] days before the general election, the lieutenant 07 governor shall mail to every registered voter one copy of the pamphlet prepared for 08 the region in which the voter resides. Additional pamphlets may be obtained from the 09 director, the office of the lieutenant governor, and the area election offices. 10 * Sec. 76. AS 15.60.010(2) is amended to read: 11 (2) "ballot" means any document provided by the director on which 12 votes may be cast for candidates, propositions, or questions [A HAND-MARKED 13 BALLOT AND A PUNCH-CARD BALLOT]; 14 * Sec. 77. AS 15.60.010(4) is amended to read: 15 (4) "election board" means the board appointed in accordance with 16 AS 15.10.120 [LOCAL PRECINCT BOARD COMPOSED OF THE THREE 17 ELECTION JUDGES]; 18 * Sec. 78. AS 15.60.010(6) is amended to read: 19 (6) "election official" means election board members [JUDGES, 20 CLERKS, COUNTERS], members of counting or review boards, employees of the 21 division of elections , and absentee voting officials; 22 * Sec. 79. AS 15.60.010(8) is repealed and reenacted to read: 23 (8) "felony involving moral turpitude" includes those crimes that are 24 immoral or wrong in themselves such as murder, manslaughter, assault, sexual assault, 25 sexual abuse of a minor, unlawful exploitation of a minor, robbery, extortion, coercion, 26 kidnapping, incest, arson, burglary, theft, forgery, criminal possession of a forgery 27 device, offering a false instrument for recording, scheme to defraud, falsifying business 28 records, commercial bribe receiving, commercial bribery, bribery, receiving a bribe, 29 perjury, perjury by inconsistent statements, endangering the welfare of a minor, escape, 30 promoting contraband, interference with official proceedings, receiving a bribe by a 31 witness or a juror, jury tampering, misconduct by a juror, tampering with physical
01 evidence, hindering prosecution, terroristic threatening, riot, criminal possession of 02 explosives, unlawful furnishing of explosives, promoting prostitution, criminal 03 mischief, misconduct involving a controlled substance or an imitation controlled 04 substance, permitting an escape, promoting gambling, possession of gambling records, 05 distribution of child pornography, and possession of child pornography; 06 * Sec. 80. AS 15.60.010(10) is amended to read: 07 (10) " hand-counted [HAND-MARKED] ballot" means a ballot 08 designated to be counted [MARKED] by hand in precincts where precinct 09 tabulators are not available [WITH A PEN OR PENCIL]; 10 * Sec. 81. AS 15.60.010(28) is amended to read: 11 (28) "senate district" means one of the [TERRITORY INCLUDED IN 12 THE ELECTION] districts described in [AS DESIGNATED IN ART. XIV, SEC. 2, 13 OF THE STATE CONSTITUTION, AS MAY BE MODIFIED UNDER] art. VI , 14 sec. 2, Constitution of the State of Alaska [OF THE STATE CONSTITUTION]; 15 * Sec. 82. AS 15.60.010(31) is amended to read: 16 (31) "state chairperson [CHAIRMAN]" or "state party chairperson" 17 means the political party official elected as the highest ranking statewide party 18 executive; 19 * Sec. 83. AS 15.60.010 is amended by adding new paragraphs to read: 20 (37) "house district" means one of the districts described in art. VI, 21 sec. 1, Constitution of the State of Alaska; 22 (38) "judicial district" means one of the districts defined in 23 AS 22.10.010; 24 (39) "precinct tabulators" means an electronic optical scanning ballot 25 tabulation system or other tabulator designated by the director to electronically count 26 ballots. 27 * Sec. 84. AS 29.20.070(b) is amended to read: 28 (b) Not later than the first regular election that occurs after adoption of a final 29 state redistricting plan under art. VI, sec. 10, Constitution of the State of Alaska 30 [THE REPORT OF A FEDERAL DECENNIAL CENSUS], the assembly shall propose 31 and submit to the voters of the borough, at that regular election or at a special election
01 called for the purpose, one or more forms of assembly representation. The forms of 02 representation that the assembly may submit to the voters are: 03 (1) election of members of the assembly at large by the voters 04 throughout the borough; 05 (2) election of members of the assembly by district, including 06 (A) election at large by the voters throughout the borough, but 07 with a requirement that a candidate live in an election district established by 08 the borough for election of assembly members; or 09 (B) election from election districts established by the borough 10 for the election of assembly members by the voters of a district; 11 (3) election of members of the assembly both at large and by district. 12 * Sec. 85. AS 29.20.080(a) is amended to read: 13 (a) Not later than two months after adoption of a final state redistricting 14 plan under art. VI, sec. 10, Constitution of the State of Alaska [THE OFFICIAL 15 REPORT OF A FEDERAL DECENNIAL CENSUS], the assembly shall determine and 16 declare by resolution whether the existing apportionment of the assembly meets the 17 standards of AS 29.20.060. If the assembly submits to the voters a form of 18 representation that includes election of assembly members under AS 29.20.070(b)(2) 19 or (3), [(b)(3)] the assembly shall submit with the proposition a proposed plan of 20 apportionment that corresponds to the form of representation proposed. The assembly 21 shall describe the plan of apportionment in the ballot proposition, and may present the 22 plan in any manner that it believes accurately describes the apportionment that is 23 proposed under the form of representation. If the assembly determines that its existing 24 apportionment meets the standards of AS 29.20.060, the assembly may include the 25 existing apportionment as a proposed plan of apportionment of assembly seats that 26 corresponds to a form of representation that is proposed. 27 * Sec. 86. AS 29.20.080(b) is amended to read: 28 (b) The assembly shall provide, by ordinance, for a change in an existing 29 apportionment of the assembly whenever it determines that the apportionment does not 30 meet the standards of AS 29.20.060. The assembly may provide, by ordinance, for 31 a change in an existing apportionment of the assembly whenever a final state
01 redistricting plan is changed as a result of federal or court action. At the same 02 time a change in apportionment is provided for under this subsection , the assembly 03 may, by ordinance, change the composition of the assembly. 04 * Sec. 87. AS 29.20.080(e) is amended to read: 05 (e) Within six months after a determination by the assembly under (b) or (c) 06 of this section that the current apportionment should be changed [DOES NOT MEET 07 THE STANDARDS OF AS 29.20.060] the assembly shall adopt an ordinance 08 providing for reapportionment and submit the ordinance to the voters. If, at the end 09 of the six-month time period, an ordinance providing for reapportionment has not been 10 approved by the voters and if the current apportionment does not meet the 11 standards of AS 29.20.060 , the commissioner shall provide for the reapportionment 12 in accordance with the standards of AS 29.20.060 by preparing an order of 13 reapportionment and delivering the order to the borough mayor. 14 * Sec. 88. AS 29.26.050(b) is amended to read: 15 (b) Voter registration by the municipality may not be required. However, in 16 order to vote for a candidate or on a ballot measure relating to a specific local election 17 district or service area, a municipality may by ordinance require that a person be 18 registered to vote in state elections at least 30 days before the municipal election at an 19 address within the boundaries of that local election district or service area. The 20 municipality has the responsibility to determine if a voter meets the requirements 21 of the ordinance and this section. 22 * Sec. 89. AS 36.30.850(b)(7) is amended to read: 23 (7) contracts for the preparation and transportation of ballots under 24 AS 15 [AS 15.15.030]; 25 * Sec. 90. AS 39.50.020(a) is amended to read: 26 (a) A public official other than the governor or the lieutenant governor shall 27 file a statement giving income sources and business interests, under oath and on 28 penalty of perjury, within 30 days after taking office as a public official. Candidates 29 for state elective office other than a candidate who is subject to AS 24.60 shall file the 30 statement with the director of elections at the time of filing a declaration of candidacy 31 or a nominating petition or becoming a candidate by any other means. Candidates for
01 elective municipal office shall file the statement at the time of filing a nominating 02 petition, declaration of candidacy, or other required filing for the elective municipal 03 office. Refusal or failure to file within [30 DAYS AFTER] the time prescribed shall 04 require that the candidate's filing fees, if any, and filing for office be refused or that 05 a previously accepted filing fee be returned and the candidate's name removed from 06 the filing records. A statement shall also be filed by public officials no later than 07 March 15 in each following year. Persons who are members of boards or commissions 08 not named in AS 39.50.200(b) are not required to file financial statements. 09 * Sec. 91. AS 43.23.016 is amended to read: 10 Sec. 43.23.016. Voter registration. The commissioner shall include , at the 11 department's expense, voter registration forms prepared under AS 15.07.070(b) in the 12 [WITH] permanent fund dividend application packet. The forms must include a 13 notice that an individual is not required to register to vote in order to be eligible 14 to receive a permanent fund dividend. For purposes of maintaining accurate 15 voter registration records, the commissioner shall provide the director of 16 elections with the mailing addresses of all applicants for a permanent fund 17 dividend [APPLICATIONS]. 18 * Sec. 92. AS 15.10.130, 15.10.150; AS 15.15.030(12); 15.15.070(e); 15.15.070(f); 19 AS 15.20.190(b), 15.20.590, 15.20.600, 15.20.609, 15.20.610, 15.20.620, 15.20.630, 15.20.640, 20 15.20.650, 15.20.660, 15.20.670, 15.20.680, 15.20.685, 15.20.690, 15.20.700, 15.20.710, 21 15.20.720, 15.20.730, 15.20.740; AS 15.45.110(b); AS 15.58.070; AS 15.60.010(5), 22 and 15.60.010(24) are repealed. 23 * Sec. 93. AS 15.20.071 is repealed. 24 * Sec. 94. The uncodified law of the State of Alaska is amended by adding a new section 25 to read: 26 TRANSITION: REGULATIONS. Notwithstanding sec. 98 of this Act, the director 27 of elections may proceed to adopt regulations necessary to implement this Act. The 28 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before July 1, 29 2000. 30 * Sec. 95. The uncodified law of the State of Alaska is amended by adding a new section 31 to read:
01 REVISOR'S INSTRUCTION. In the following statute sections, the revisor shall 02 change 03 (1) references to "election district," "electoral district," or "house election 04 district" to read "house district": AS 03.20.050, AS 15.05.010(4), 15.05.012, AS 15.07.030(b), 05 15.07.090(c), 15.07.090(d), 15.07.120, AS 15.10.040, 15.10.090, AS 15.13.020(j), 06 15.13.400(10), AS 15.15.030(6), 15.15.060(d), AS 15.20.081(e), 15.20.430(a), 15.20.440(a), 07 15.20.450, AS 15.25.030(a)(3), 15.25.043, 15.25.170, AS 15.40.440, AS 15.45.500, 08 AS 15.45.530, 15.45.560, 15.45.610, 15.45.680, AS 15.58.020(3), AS 44.62.430(b), and 09 AS 46.03.313(d); 10 (2) references to "election districts" to read "house districts": AS 03.20.020(a), 11 AS 15.10.110, AS 15.20.045(b), AS 15.45.140, 15.45.160, 15.45.370, 15.45.390(2), and 12 AS 15.58.020(4); 13 (3) references to "chairman" to read "chairperson": AS 15.10.140, 14 AS 15.13.020(g), 15.13.090(a), AS 15.15.090, AS 15.20.470, AS 15.40.210, 15.40.460, and 15 AS 15.58.040(b); and 16 (4) references to "chairmen" to read "chairpersons": AS 15.15.050 and 17 15.15.380. 18 * Sec. 96. Section 94 of this Act takes effect immediately under AS 01.10.070(c). 19 * Sec. 97. Sections 49, 50, 73, and 93 of this Act take effect January 1, 2001. 20 * Sec. 98. Except as provided in secs. 96 and 97 of this Act, this Act takes effect July 1, 21 2000.